BILL NUMBER: AB 342	CHAPTERED  09/03/99

	CHAPTER   316
	FILED WITH SECRETARY OF STATE   SEPTEMBER 3, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 2, 1999
	PASSED THE SENATE   AUGUST 23, 1999
	PASSED THE ASSEMBLY   MAY 10, 1999

INTRODUCED BY   Assembly Member Cox

                        FEBRUARY 11, 1999

   An act to amend Sections 221, 9564, and 40000.5 of the Vehicle
Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 342, Cox.  Automobile dismantlers:  definition.
   Existing law makes it a crime for any person to act as an
automobile dismantler without meeting specified license or permit
requirements.  By definition, the owner of any premises or property
used in conjunction with any agricultural, farming, mining, ranching,
or motor vehicle repair business is exempted from the definition of
automobile dismantler.
   This bill would limit that exemption from the definition of
automobile dismantler to the owners or operators of the businesses
listed above, as modified, if the businesses do not sell parts,
except for use in dismantler or specified businesses that engage in
reducing the vehicles to their component materials.  By limiting the
exemption, the bill would expand the scope of an existing crime,
thereby imposing a state-mandated local program.
   This bill would also make conforming changes.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 221 of the Vehicle Code is amended to read:
   221.  (a) The term "automobile dismantler" does not include any of
the following:
   (1) The owner or operator of any premises on which two or more
unregistered and inoperable vehicles are held or stored, if the
vehicles are used for restoration or replacement parts or otherwise,
in conjunction with any of the following:
   (A) Any business of a licensed dealer, manufacturer, or
transporter.
   (B) The operation and maintenance of any fleet of motor vehicles
used for the transportation of persons or property.
   (C) Any agricultural, farming, mining, or ranching business that
does not sell parts of the vehicles, except for either of the
following purposes:
   (i) For use in repairs performed by that business.
   (ii) For use by a licensed dismantler or an entity described in
paragraph (3).
   (D) Any motor vehicle repair business registered with the Bureau
of Automotive Repair, or those exempt from registration under the
Business and Professions Code or applicable regulations, that does
not sell parts of the vehicles, except for either of the following
purposes:
   (i) For use in repairs performed by that business.
   (ii) For use by a licensed dismantler or an entity described in
paragraph (3).
   (2) Any person engaged in the restoration of vehicles of the type
described in Section 5004 or in the restoration of other vehicles
having historic or classic significance.
   (3) The owner of a steel mill, scrap metal processing facility, or
similar establishment purchasing vehicles of a type subject to
registration, not for the purpose of selling the vehicles, in whole
or in part, but exclusively for the purpose of reducing the vehicles
to their component materials, if either the facility obtains, on a
form approved or provided by the department, a certification by the
person from whom the vehicles are obtained that each of the vehicles
has been cleared for dismantling pursuant to Section 5500 or 11520,
or the facility complies with Section 9564.
   (4) Any person who acquires used parts or components for resale
from vehicles which have been previously cleared for dismantling
pursuant to Section 5500 or 11520.
   Nothing in this paragraph permits a dismantler to acquire or sell
used parts or components during the time the dismantler license is
under suspension.
   (b) Any vehicle acquired for the purpose specified in paragraph
(3) of subdivision (a) from other than a licensed dismantler, or from
other than an independent hauler who obtained the vehicle, or parts
thereof from a licensed dismantler, shall be accompanied by either a
receipt issued by the department evidencing proof of clearance for
dismantling under Section 5500, or a copy of the ordinance or order
issued by a local authority for the abatement of the vehicle pursuant
to Section 22660.  The steel mill, scrap metal processing facility,
or similar establishment acquiring the vehicle shall attach the form
evidencing clearance or abatement to the certification required
pursuant to this section.
   All forms specified in paragraph (3) of subdivision (a) and in
this subdivision shall be available for inspection by a peace officer
during business hours.
  SEC. 2.  Section 9564 of the Vehicle Code is amended to read:
   9564.  (a) A scrap metal processor, as described in paragraph (3)
of subdivision (a) of Section 221, who acquires a vehicle of a type
subject to registration under this code, and who complies with all
the provisions of this section, is not required to submit a
certificate of nonoperation in lieu of fees or to pay fees that would
otherwise be required if the vehicle were to be currently
registered.
   (b) A scrap metal processor who acquires a vehicle as provided in
subdivision (a) shall submit either of the following to the
department before reducing the vehicle to its component materials:
   (1) Documentation that the vehicle was acquired pursuant to
Section 22669 and disposed of in compliance with Article 2
(commencing with Section 22850) of Chapter 10 of Division 11.
   (2) The properly endorsed certificate of title transferring title
to the scrap iron processor and any available license plates or
registration documents.
   (c) A vehicle delivered to a scrap metal processor under
subdivision (a) shall not be reconstructed or made operable, unless
it is a vehicle which qualifies for either horseless carriage license
plates or historical vehicle license plates pursuant to Section
5004, in which case the vehicle may be reconstructed or made
operable.
  SEC. 3.  Section 40000.5 of the Vehicle Code is amended to read:
   40000.5.  A violation of any of the following provisions shall
constitute a misdemeanor, and not an infraction:
   Section 20, relating to false statements.
   Section 27, relating to impersonating a member of the California
Highway Patrol.
   Section 31, relating to giving false information.
   Paragraph (3) of subdivision (a), or subdivision (b), or both, of
Section 221, relating to proper evidence of clearance for
dismantling.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
